Film and Video Classification Regulations, 2018, F-13.21 Reg 1

1 FILM AND VIDEO CLASSIFICATION, 2018 F-13.21 REG 1 The Film and Video Classification Regulations, 2018 being Chapter F-13.21 Reg 1 (effective July 1, 2018). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 F-13.21 REG 1 FILM AND VIDEO CLASSIFICATION, 2018 Table of Contents 1 Title 15 Film information sources 2 Definitions 16 Other information sources 3 Registration 17 No admittance to minors 4 Change in information 18 Public library exemption 5 Annual return 19 Advertising 6 Deemed registration 20 Employees under age 18 7 Wholesale distributor licensed in British Columbia 21 Display of films for sale or rent 8 Additional rules re distribution 22 Appeal 9 Fee for classification 23 Commencement of appeal 10 Approval 24 Procedure on appeal 11 Classification of film 25 Duties of authority 12 Permitted age 26 Powers of authority 13 Approval of films pursuant to agreement 27 Decision with British Columbia 28 Criteria for director exemption 14 Deemed classification 29 RRS c F-13.2 Reg 2 repealed 30 Coming into force 3 FILM AND VIDEO CLASSIFICATION, 2018 F-13.21 REG 1 CHAPTER F-13.21 REG 1 The Film and Video Classification Act, 2016 Title 1 These regulations may be cited as The Film and Video Classification Regulations, 2018. Definitions 2(1) In these regulations: “Act” means The Film and Video Classification Act, 2016; “appeal” means an appeal pursuant to section 12 of the Act; “explicit sexual scene” means a scene in a film that depicts sexual activity, the occurrence of which is actually visible to the viewer; “registrant” means a person registered pursuant to section 3; “sexual activity” means a real or simulated act of: (a) intercourse or masturbation; (b) genital-genital, genital-anal, oral-genital or oral-anal connection between human beings or between human beings and animals and anal or genital connection between human beings and objects; “sexually suggestive scene” means a scene in a film that depicts: (a) sexual activity other than an explicit sexual scene; or (b) sexual activity that is not actually visible to the viewer, but the scene and the context in which it appears are intended to suggest that sexual activity is or may be occurring. (2) For the purposes of the Act and these regulations, “advertising” includes catalogues, order forms and other printed and non-printed promotional materials circulated between wholesale and retail distributors, exhibitors and the public, and retail distributors and the public. (3) A wholesale distributor as defined in section 2 of the Act includes the studio that produced the film, the owner and any other person or group responsible for the release and distribution of the film. 18 May 2018 cF-13.21 Reg 1 s2. Registration 3(1) Every applicant for registration shall apply to the director in the form provided by the director and shall provide: (a) the name of a contact person for the applicant; (b) a business phone number for the applicant; 4 F-13.21 REG 1 FILM AND VIDEO CLASSIFICATION, 2018 (c) the applicant’s mailing address for correspondence; (d) an email address to which notices and other documents required to be delivered or sent to the applicant may be sent; (e) the type of business conducted by the applicant in Saskatchewan; (f) the category of film product to be exhibited or distributed by the applicant; (g) the name under which the applicant is incorporated, continued or registered pursuant to The Business Corporations Act or The Business Names Registration Act, as the case may be; (h) the location of each of the business premises in Saskatchewan where the applicant proposes to carry on business; (i) the name of the person signing the form and his or her relation to the applicant; and (j) a criminal record check: (i) subject to subclause (ii), if required by the director; (ii) in all cases in which the applicant intends to distribute or exhibit a film classified as Adult. (2) If the applicant: (a) is a partnership, the applicant must provide the names of each partner responsible for the operations of the applicant in Saskatchewan; (b) is a corporation, the applicant must provide the names of the directors responsible for the operations of the applicant in Saskatchewan. (3) If the director requires a criminal record check pursuant to clause (1)(j), the applicant must provide: (a) if the applicant is a sole proprietor, a criminal record check for the sole proprietor; (b) if the applicant is a partnership, a criminal record check for each partner responsible for the operations of the applicant in Saskatchewan; (c) if the applicant is a corporation, a criminal record check for each director responsible for the operations of the applicant in Saskatchewan. (4) The director may require an applicant to verify, by affidavit or otherwise, any information or material submitted to the director pursuant to this section. 18 May 2018 cF-13.21 Reg 1 s3. Change in information 4(1) A registration is not transferable. (2) A registrant shall notify the director in writing of a change, either before or within 7 days after its occurrence, in any of the following: (a) the address for service of the registrant; 5 FILM AND VIDEO CLASSIFICATION, 2018 F-13.21 REG 1 (b) the name under which the registrant is incorporated, continued or registered pursuant to The Business Corporations Act or The Business Names Registration Act, as the case may be; (c) the location of any business premises of the registrant; (d) the registrant’s inventory caused by adding the category of films classified as Adult to the inventory or by removing that category of films from the inventory. 18 May 2018 cF-13.21 Reg 1 s4. Annual return 5(1) Every registrant must submit to the director an annual return on or before the anniversary date of the issuance of the registrant’s registration in accordance with this section. (2) The annual return mentioned in subsection (1) must, with respect to the previous year: (a) report any change in the information required to be provided to the director pursuant to subsection 4(2) that has not already been reported; (b) include a declaration that the registrant has complied with the Act and these regulations during the period since the previous annual return; (c) include confirmation, verified by the declaration mentioned in clause (b), that the information in the annual return is true; and (d) include any other information required by the director. (3) A declaration mentioned in clause (2)(b) must be completed: (a) in the case of a registrant that is a sole proprietor, by the sole proprietor; (b) in the case of a registrant that is a partnership, by any partner; (c) in the case of a registrant that is a corporation, by a director of the corporation. 18 May 2018 cF-13.21 Reg 1 s5. Deemed registration 6 Notwithstanding section 3, a wholesale distributor is deemed to be registered pursuant to the Act if: (a) the wholesale distributor is licensed or registered by a classification body in another jurisdiction to distribute films; and (b) an agreement has been made pursuant to section 20 of the Act with the classification body mentioned in clause (a) to license or register that wholesale distributor on behalf of Saskatchewan. 18 May 2018 cF-13.21 Reg 1 s6. 6 F-13.21 REG 1 FILM AND VIDEO CLASSIFICATION, 2018 Wholesale distributor licensed in British Columbia 7(1) Subject to section 8, if an agreement pursuant to section 20 of the Act is in effect with British Columbia to license persons distributing film in Saskatchewan, every wholesale distributor who distributes or intends to distribute film in Saskatchewan shall obtain a licence in British Columbia pursuant to the Motion Picture Act (British Columbia). (2) If an agreement pursuant to section 20 of the Act is in effect with British Columbia, a wholesale distributor is deemed to be registered pursuant to the Act if the wholesale distributor: (a) has provided to British Columbia an address for service in Saskatchewan; (b) is licensed in British Columbia pursuant to subsection (1); and (c) files with the director a copy of the licence obtained pursuant to subsection (1). (3) If an agreement pursuant to section 20 of the Act expires without renewal or is terminated, the director shall send a written notice to each wholesale distributor mentioned in subsection (2): (a) of the expiry or termination date of the agreement; and (b) of the requirement of the wholesale distributor to register pursuant to section 9 of the Act within 6 months after the date of receipt of the written notice. (4) The registration of a wholesale distributor is deemed to continue for 6 months from the date after receipt of the written notice sent pursuant to subsection (3). (5) For the purposes of subsections (3) and (4), a written notice to the wholesale distributor may be sent by ordinary mail to the address for service in Saskatchewan. (6) A written notice sent by ordinary mail is deemed to have been received on the seventh day following the date of its mailing unless the wholesale distributor to whom it was mailed establishes that, through no fault of his or her own, the wholesale distributor did not receive the written notice or received the written notice at a later date. (7) If an agreement pursuant to section 20 of the Act is in effect with British Columbia, a wholesale distributor shall provide to each of its sales representatives who distributes film in Saskatchewan an identification card if required to do so by British Columbia. 18 May 2018 cF-13.21 Reg 1 s7. Additional rules re distribution 8(1) Any person who does not intend to distribute or exhibit a film outside Saskatchewan may: (a) register pursuant to section 3; and (b) subject to subsection (3), have the film: (i) approved pursuant to section 3 of the Act; and (ii) classified pursuant to section 4 of the Act. 7 FILM AND VIDEO CLASSIFICATION, 2018 F-13.21 REG 1 (2) A wholesale distributor who distributes film in Saskatchewan that has already been classified in accordance with the Act and these regulations is not required to obtain a licence in British Columbia. (3) If an agreement pursuant to section 20 of the Act is in effect with British Columbia, the director may, if he or she considers it appropriate, require any person to have any film approved and classified in British Columbia for the purpose of distribution in Saskatchewan. 18 May 2018 cF-13.21 Reg 1 s8. Fee for classification 9 Subject to section 13, the fee payable: (a) for the classification of film for exhibition is $440 per title; (b) for classification by documentation is $50 per title. 18 May 2018 cF-13.21 Reg 1 s9. Approval 10(1) Subject to subsection (3), a film is exempt from subsection 3(1) of the Act unless the film contains any of the following elements: (a) the coercing, through the use of threat or physical force or by other means, of a person to engage in a sexual activity, if the sexual activity that was coerced is depicted in explicit sexual scenes; or (b) a person who is or who appears to be under the age of 18 or who is intended to represent a person under that age who appears: (i) nude or partially nude in a sexually suggestive context; or (ii) in a scene of explicit sexual activity. (2) If a film contains any of the elements listed in clause (1)(a) or (b), the director: (a) shall consider the character and content of the film in its entirety and consider the presence of a scene mentioned in those clauses in the whole context of the film in which it appears; (b) shall consider the extent to which the film: (i) degrades or denies human dignity; (ii) exploits individuals by portraying them in a manner that denies their essential worth and dignity as human beings; and (iii) may stimulate illegal conduct; (c) shall consider whether the theme, subject-matter or plot of the film is artistic, historical, political, educational or scientific; and (d) may approve or disapprove the film in its entirety or require the removal of any portion of the film. (3) All other provisions of the Act and these regulations continue to apply to a film that is exempt pursuant to subsection (1) as if the film had been approved pursuant to section 3 of the Act. 18 May 2018 cF-13.21 Reg 1 s10. 8 F-13.21 REG 1 FILM AND VIDEO CLASSIFICATION, 2018 Classification of film 11(1) Subject to subsection (8), in exercising the director’s authority pursuant to section 4 of the Act to classify a film, the director, taking into consideration the criteria prescribed in this section, shall classify a film into one of the following categories: (a) General (G); (b) Parental Guidance (PG); (c) 14A; (d) 18A; (e) Restricted (R); (f) Adult (A). (2) A film is to be classified as General if the content is considered by the director to be suitable for viewing by persons of all ages. (3) A film is to be classified as Parental Guidance if the themes or content of the film may not, in the opinion of the director, be suitable for all children. (4) A film is to be classified as 14A if the film, in the opinion of the director, is suitable for viewing by persons 14 years of age or older but not for children under 14 years of age unless accompanied by an adult as the film contains any of the following: (a) violence; (b) coarse language; (c) sexually suggestive scenes. (5) A film is to be classified as 18A if the film, in the opinion of the director, is suitable for viewing by persons over 18 years of age but not for persons under 18 years of age unless accompanied by an adult because the film contains any of the following: (a) explicit violence; (b) frequent coarse language; (c) horror; (d) sexual activity. (6) A film is to be classified as Restricted if the film, in the opinion of the director, is not suitable for viewing by persons under 18 years of age because the film contains frequent use of any of the following: (a) brutal or graphic violence; (b) intense horror; (c) explicit sexual scenes; (d) other disturbing content. 9 FILM AND VIDEO CLASSIFICATION, 2018 F-13.21 REG 1 (7) A film is to be classified as Adult if the film, in the opinion of the director, is not suitable for viewing by persons under 18 years of age because the film consists of any of the following: (a) predominantly explicit sexual scenes; (b) scenes of brutality or torture, maiming or dismemberment of persons or animals that are portrayed in a realistic and explicit manner. (8) If the director requires the exhibitor, retail distributor or wholesale distributor mentioned in clause 3(1)(b) of the Act to remove a portion of a film that has been disapproved by the director in accordance with section 3 of the Act and section 10 of these regulations, the director shall exercise his or her authority to classify a film pursuant to section 4 of the Act and subsections (1) to (7) based on the contents of the film after the portion has been removed. 18 May 2018 cF-13.21 Reg 1 s11. Permitted age 12 For the purposes of the definition of “permitted age” in section 2 of the Act, the permitted age for the viewing, purchasing, renting, leasing or exchanging of a film: (a) that is classified as 14A is 14 years, unless accompanied by an adult; (b) that is classified as 18A is 18 years, unless accompanied by an adult; (c) that is classified as Restricted is 18 years; or (d) that is classified as Adult is 18 years. 18 May 2018 cF-13.21 Reg 1 s12. Approval of films pursuant to agreement with British Columbia 13(1) If an agreement pursuant to section 20 of the Act is in effect with British Columbia for the purpose of approving and classifying films intended for exhibition or distribution in Saskatchewan, a film is deemed to be approved and classified pursuant to the Act and these regulations if: (a) the film has been approved or classified in accordance with the agreement; and (b) except in the case of a film classified as Adult that is not intended for exhibition in Saskatchewan, the classification fee prescribed in section 9 has been paid to British Columbia. (2) If an agreement mentioned in subsection (1) is no longer in effect, a film that has been approved or classified during the term of the agreement is deemed to be approved or classified pursuant to the Act and these regulations. 18 May 2018 cF-13.21 Reg 1 s13. Deemed classification 14(1) Subject to subsection (2), a film that is offered for sale, rent, lease or exchange by a retail distributor is deemed to be classified pursuant to the Act and these regulations if it bears evidence of having been classified through: (a) the Motion Picture Association of America; 10 F-13.21 REG 1 FILM AND VIDEO CLASSIFICATION, 2018 (b) the British Board of Film Classification; or (c) a body that classifies, reviews or otherwise approves films and that is established pursuant to the legislation of another province or territory of Canada. (2) Subsection (1) does not apply to a film classified as Adult unless it has been approved in accordance with an agreement pursuant to section 20 of the Act. 18 May 2018 cF-13.21 Reg 1 s14. Film information sources 15 For the purposes of clauses 3(3)(b), 4(2)(b), 4(4)(a) and 5(2)(b) of the Act, the Motion Picture Association of America and the British Board of Film Classification are prescribed as review bodies whose approvals or classifications of films may be used by the director. 18 May 2018 cF-13.21 Reg 1 s15. Other information sources 16 For the purposes of clauses 3(3)(c) and 4(2)(c) of the Act, the director may base his or her approval or classification of a film on information that the director is satisfied is accurate and unbiased and that is obtained from film reports, consumer reports, journals or other information sources reporting on the film’s content. 18 May 2018 cF-13.21 Reg 1 s16. No admittance to minors 17(1) A retail distributor who offers for sale, rent, lease or exchange only films classified as Adult shall display in a conspicuous manner at all entrances to his or her business premises a sign reading “No admittance to persons under age 18” and shall not admit a person under 18 years of age to the business premises. (2) A retail distributor who offers for sale, rent, lease or exchange films classified as Adult in addition to films in other classifications shall offer the Adult films in such a manner that: (a) all advertising material on the business premises for films classified as Adult and the films themselves are physically segregated from persons under 18 years of age in a manner that is acceptable to the director; (b) a person under 18 years of age is not admitted into the segregated area; and (c) a sign mentioned in subsection (1) is displayed at every entrance to the segregated area. 18 May 2018 cF-13.21 Reg 1 s17. Public library exemption 18 The Act and these regulations do not apply to any film owned, sponsored, exhibited or distributed by a library that is part of the provincial public library system within the meaning of The Public Libraries Act, 1996, if the film is designed for educational purposes. 18 May 2018 cF-13.21 Reg 1 s18. 11 FILM AND VIDEO CLASSIFICATION, 2018 F-13.21 REG 1 Advertising 19(1) In exercising his or her authority pursuant to section 5 of the Act to approve, restrict or prohibit advertising, the manner of advertising or the manner of display, the director shall consider whether the advertisement or display: (a) contains the classification information, and any additional information, required pursuant to clause 5(1)(b) of the Act and pursuant to these regulations; (b) makes the required classification information clearly apparent to those who may view, purchase, rent, lease or exchange films; and (c) contains material, an image or content of a nature that, were it contained in a film, would preclude access by persons of a certain age according to the classification requirements of these regulations. (2) No advertisement for a film classified as Adult shall be placed, posted or exhibited on the business premises of a retail distributor who offers for sale, rent, lease or exchange only films classified as Adult so that the advertisement is visible to members of the public from outside the premises of the retail distributor. (3) No advertisement for a film classified as Adult shall be placed, posted or exhibited on the business premises of a retail distributor who offers for sale, rent, lease or exchange films classified as Adult in addition to films with other classifications so that the advertisement or a film classified as Adult is visible to customers in that part of the premises where films with other classifications are offered for sale, rent, lease or exchange. 18 May 2018 cF-13.21 Reg 1 s19. Employees under age 18 20(1) A registrant who exhibits, sells, rents, leases or exchanges films classified as Adult shall not permit an employee under 18 years of age to handle or have access to films classified as Adult. (2) An exhibitor who exhibits films shall not permit an employee under 18 years of age to view a film classified as Restricted or Adult. 18 May 2018 cF-13.21 Reg 1 s20. Display of films for sale or rent 21(1) Without limiting the generality of these regulations and clause 5(1)(b) of the Act: (a) a retail distributor shall ensure that every film offered for sale, rent, lease or exchange, other than a film classified as Adult or a film that is exempt pursuant to the Act or these regulations, bears evidence on the cassette, its jacket or its sleeve that: (i) the film is approved pursuant to the Act and these regulations; (ii) the film meets any requirements of the director; and (iii) the film has been classified in accordance with the following: (A) General – G in a green circle; (B) Parental Guidance – PG in a blue square; 12 F-13.21 REG 1 FILM AND VIDEO CLASSIFICATION, 2018 (C) 14A – 14A in a yellow triangle; (D) 18A – 18A in an orange triangle; (E) Restricted – R in a red octagon; and (b) an exhibitor shall ensure that the classification of every film being exhibited is displayed in a manner that is acceptable to the director. (2) Every film intended for exhibition or distribution in Saskatchewan that is classified as Adult is subject to the following conditions: (a) the film must have been approved as an Adult film pursuant to the Motion Picture Act (British Columbia); (b) the classification fee prescribed pursuant to section 9 must have been paid to British Columbia, other than with respect to films classified as Adult that are not for exhibition in theatres; and (c) each copy of the film must have affixed to it a decal in accordance with the regulations made pursuant to the Motion Picture Act (British Columbia) that is issued on the payment of the fee mentioned in clause (b). 18 May 2018 cF-13.21 Reg 1 s21. Appeal 22 The chairperson of the authority shall specify which member or members of the authority shall constitute a panel to hear an appeal. 18 May 2018 cF-13.21 Reg 1 s22. Commencement of appeal 23(1) A person who wishes to appeal a decision of the director shall commence an appeal by delivering a written notice of the appeal to the chairperson of the authority. (2) If the person who submitted a film for approval or classification is appealing a decision of the director with respect to disapproval of the film, a requirement to remove a portion of the film, or classification of the film, that person shall include with his or her notice of appeal a fee of $500. 18 May 2018 cF-13.21 Reg 1 s23. Procedure on appeal 24(1) If a person appealing a decision pursuant to clause 12(2)(a) or (c) of the Act is the person who submitted the film for classification, that person shall: (a) at his or her own expense, provide premises in Saskatchewan acceptable to the authority at which to hold the appeal; and (b) at his or her own expense, provide the equipment and resources necessary for the authority to view the film. (2) The authority shall: (a) in the case of a person mentioned in subsection (1), set the time and date for hearing the appeal at the premises provided by the person appealing the director’s decision; or (b) in the case of any other appellant, set the time, date and place for the hearing. 13 FILM AND VIDEO CLASSIFICATION, 2018 F-13.21 REG 1 (3) The authority may adjourn the hearing from time to time as it considers appropriate. (4) If a person other than the person who submitted the film for classification commences an appeal with respect to that film, the authority shall notify the person who submitted the film for classification of the time, date and place set for hearing the appeal. (5) The authority may require the person who commences an appeal mentioned in subsection (4) to provide a copy of the film to the authority. (6) The rules of evidence do not apply to an appeal before the authority. (7) Any person who commences an appeal may, at his or her own expense, be represented by an agent or counsel. (8) Subject to subsection (9), the authority shall hear the appeal in public. (9) If the appeal being heard is an appeal from a decision to disapprove a film, require the removal of a portion of a film or classify a film, the authority shall view the film and that viewing is to be closed to the public. 18 May 2018 cF-13.21 Reg 1 s24. Duties of authority 25 The authority shall: (a) hear all evidence introduced by the person bringing the appeal that the authority considers relevant to the appeal; and (b) in hearing an appeal with respect to the disapproval of the film, requirement to remove a portion of the film or classification of the film, follow the criteria set out in sections 3 and 4 of the Act and sections 10 and 11 of these regulations. 18 May 2018 cF-13.21 Reg 1 s25. Powers of authority 26(1) The authority may: (a) determine an appeal without hearing evidence other than evidence introduced by the person bringing the appeal; and (b) when making its decision with respect to an appeal, accept or reject any evidence introduced. (2) Without limiting the generality of subsection (1), in an appeal with respect to the disapproval of the film, requirement to remove a portion of the film, or classification of the film, when considering the criteria mentioned in sections 10 and 11, the authority may: (a) reject the evidence submitted with respect to any of those criteria and consider, based on its own opinion, whether a specific criterion is applicable in the circumstances; or (b) if no evidence has been submitted with respect to any of those criteria, consider, based on its own opinion, whether a specific criterion is applicable in the circumstances. 18 May 2018 cF-13.21 Reg 1 s26. 14 F-13.21 REG 1 FILM AND VIDEO CLASSIFICATION, 2018 Decision 27 A decision of the authority must: (a) be in writing; (b) state the reasons for the decision; (c) be sent to the appellant; and (d) be made available to any person on request. 18 May 2018 cF-13.21 Reg 1 s27. Criteria for director exemption 28 In exercising the director’s authority pursuant to clause 14(6)(c) of the Act to exempt advertising, persons, classes of persons, films or classes of films from all or any provisions of the Act or these regulations, the director shall consider: (a) whether the general public or only a specific group is invited to attend the exhibition or distribution; (b) whether people invited to attend are otherwise warned about the content of the film being exhibited or distributed; and (c) whether, given the group invited and the nature of the film being exhibited or distributed, approval by the director, classification information and restricted access are necessary. 18 May 2018 cF-13.21 Reg 1 s28. RRS c F-13.2 Reg 2 repealed 29 The Film and Video Classification Regulations, 1997 are repealed. 18 May 2018 cF-13.21 Reg 1 s29. Coming into force 30(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Film and Video Classification Act, 2016 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Film and Video Classification Act, 2016 comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 18 May 2018 cF-13.21 Reg 1 s30. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2018